Potter v. Douglass
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. S. H. Fairall, Judge. This is an action for a partition of certain lands ■and town lots. Upon a trial on tbe merits, tbe petition ■and a cross-bill filed by one of tbe defendants were dismissed. Tbe plaintiff and tbis defendant appeal.
1Opinion of the CourtBeck, C. J.
I. The petition alleges that one Mary -J. Potter, in November, 1888, died seized of the real ■estate involved in this suit, and that the defendant, ■Olive Donglass, her daughter, and the plaintiff, her husband, survived her, and now, as tenants in common, hold title to the real estate. It is also alleged that the defendant, Milton Bemley, holds a mortgage executed on the land by the plaintiff.' This defendant files a cross-bill, alleging that he holds the mortgage referred to in the petition, and prays that it pray be foreclosed. The defendant, Olive Douglass, alleges in. her answer that she…
2Cases cited4 opinions
- Gebhard v. SattlerSupreme Court of Iowa · 1874
- Humphreys v. MattoonSupreme Court of Iowa · 1876
- Peters v. JonesSupreme Court of Iowa · 1872
- Harbour v. RhinehartSupreme Court of Iowa · 1874
3Cited by2 opinions
- Zunkel v. ColsonSupreme Court of Iowa · 1899
- Clark v. Van LoonSupreme Court of Iowa · 1899